ILNews

Appeals court affirms murder convictions

Jennifer Nelson
January 1, 2008
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The Indiana Court of Appeals affirmed a man's convictions of murder, conspiracy to commit murder, and the finding that he is a habitual offender.

In Charles D. Boney v. State of Indiana, No. 22A01-0607-CR-310, Boney was connected to the murder of Kim Camm and her two children at home by her husband, David. Boney provided the weapon David used to murder his family and was at the Camm's home when the murder occurred.

Boney raised several issues on appeal following his jury trial and convictions. He argued his convictions should be reversed because the trial court erred in letting the state exercise a peremptory challenge on a prospective juror who was African-American; specific pretrial statements Boney gave to police officers were improperly admitted into evidence; the trial court abused its discretion by denying a motion for mistrial because of comments made by witnesses regarding Boney's previous incarceration; the trial court erred in refusing to give his proffered instruction on accomplice liability; and the trial court should have granted his motion to correct error based on juror conduct.

The appellate court found no reversible errors and affirmed the trial court's decision.

The reason the African-American prospective juror was excused was based on his responses to the juror questionnaire, not because of his race, so the denial of Boney's Baston challenge by the trial court was not an error, the court found.

Statements Boney had made to police without receiving a Miranda warning were admissible in court because he had made similar statements to another police officer he spoke to earlier that day in which he was advised of his Miranda rights. He also signed a waiver of the right to counsel.

In regards to the trial court denying Boney's motion for a mistrial, the trial court instructed the jury to disregard statements made about Boney's prior incarceration and struck a witness from the trial in order to prevent any harm that may have resulted from the testimony. Any error that may have occurred as a result of the admission of the statements or testimony stricken from the record was harmless, wrote Chief Judge John Baker.

The final jury instruction given by the trial court sufficiently informed the jury about the requirement of finding affirmative action on the part of the defendant before he can be convicted as an accomplice, so Boney's instructions for the jury did not need to be given.

Finally, Boney contended he is entitled to a new trial because of alleged juror misconduct. However, the juror Boney pointed to was excused prior to deliberations and the 11 remaining jurors signed affidavits stating that juror did not influence them nor did he ever make any racist or prejudiced statements regarding Boney. Because the juror did not participate in the deliberations nor influence the other jurors, Boney's argument fails, wrote Chief Judge Baker.
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  1. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

  2. Justice has finally been served. So glad that Dr. Ley can finally sleep peacefully at night knowing the truth has finally come to the surface.

  3. While this right is guaranteed by our Constitution, it has in recent years been hampered by insurance companies, i.e.; the practice of the plaintiff's own insurance company intervening in an action and filing a lien against any proceeds paid to their insured. In essence, causing an additional financial hurdle for a plaintiff to overcome at trial in terms of overall award. In a very real sense an injured party in exercise of their right to trial by jury may be the only party in a cause that would end up with zero compensation.

  4. Why in the world would someone need a person to correct a transcript when a realtime court reporter could provide them with a transcript (rough draft) immediately?

  5. This article proved very enlightening. Right ahead of sitting the LSAT for the first time, I felt a sense of relief that a score of 141 was admitted to an Indiana Law School and did well under unique circumstances. While my GPA is currently 3.91 I fear standardized testing and hope that I too will get a good enough grade for acceptance here at home. Thanks so much for this informative post.

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